Kmiotek v. Anast

Opinion by

Me. Justice Linn,

Defendants, who conduct a moving picture theater, appeal from judgment against them in a suit by a patron for personal injury and complain that they were not negligent, that plaintiff was guilty of contributory negligence, and that the learned trial judge erred in his instructions to the jury.

April 10, 1940, the plaintiff and his wife occupied seats near the main aisle about ten rows from the rear. It was a small theater containing about 340 seats. After having been there for some time, and while “the picture was going on” he asked an usher where the toilet was. The…